Applicant S235 of 2003 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1359

The applicant's departure from Australia, combined with failure to respond to court and respondent communications, justifies refusal of relief and an order for costs against the applicant.

Jurisdiction: Australia
Judgment Date: 28 September 2005
Procedural Posture: Judicial Review / Final Judgment
Outcome: application refused
Legal Topics: ['protection Visa' 'judicial Review' 'constitutional Writ Relief']

['immigration Law' 'administrative Law'] ['protection Visa' 'judicial Review' 'constitutional Writ Relief']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 ['Whether an arguable case exists for constitutional writ relief regarding refusal of protection visa' "Effect of applicant's departure from Australia on proceedings"]

Ratio Decidendi

The applicant's departure from Australia, combined with failure to respond to court and respondent communications, justifies refusal of relief and an order for costs against the applicant.

Court Disposition

application refused

Orders

['Order 51A rule 5(1) not apply to the proceeding.' 'Application for orders nisi be refused.' 'Applicant to pay costs of the first respondent in the sum of $1,200.']